Joshua Cowens v. State of Indiana

 
FOR PUBLICATION
 
ATTORNEY FOR APPELLANT:    ATTORNEYS FOR APPELLEE:

KIMBERLY A. JACKSON    STEVE CARTER
Indianapolis, Indiana    Attorney General of Indiana

             RYAN D. JOHANNINGSMEIER
            Deputy Attorney General
Indianapolis, Indiana

 
IN THE COURT OF APPEALS OF INDIANA JOSHUA L. COWENS, ) ) Appellant-Defendant, ) ) vs. ) No. 01A02-0312-CR-1048 ) STATE OF INDIANA, ) ) Appellee. )

 
APPEAL FROM THE ADAMS CIRCUIT COURT
The Honorable Frederick A. Schurger, Judge
Cause No. 01C01-0210-FD-035
 
 
October 6, 2004

OPINION ON PETITION FOR REHEARING
FOR PUBLICATION

SULLIVAN, Judge
Joshua Cowens has filed a petition for rehearing alleging that the imposition of consecutive sentences in this case was in violation of the holding in Blakely v. Washington, 124 S. Ct. 2531 (2004). Concluding that Blakely is not implicated in the situation where a trial court orders consecutive sentences based upon its discretion as granted by Indiana Code § 35-50-1-2(c) (Burns Code Ed. Supp. 2003), we decline to extend the holding of Blakely to consecutive sentences.
Judgment affirmed.
MAY, J., and VAIDIK, J., concur.